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First write up-
Car accident in rental vehical- I avoided a head on collision with a driver who ran the red light ultimately hitting a low curb i could not see. Signed writeup and suspended without pay and restricted from using company car.
Second write up- the keys to a lock got stuck between My car seat. I didnt realized untill the key was needed. The Oring holding the king was not good. It come off without me noticing during work. I sign that as well.
Final write up was for the GPS tracker explained in the thread.
All of these are different things none display repeated mistakes.
How do I appeal my employers appeal since he took so long to appeal?
You don't say if you are an hourly employee, but your initial post looks like you were asked to work too many hours in too short a timespan. I would contact the state labor board to see if your employer violated the law.
I am not an expert, but I have had to collect unemployment and it sounds to me like they're stretching the definition of misconduct. Can you look at your state's unemployment website and find a definition or examples there? You made fireable mistakes, but misconduct typically applies to actions you took that you knew were unethical or illegal. For example, a banker wants to sell a customer a credit card and knowingly puts a high income in the system or lists a job they know the person no longer has. Or someone punches a wall or sends lewd email. I worked with a woman who came in earlier than anyone else, logged into the timekeeping system, then left for two hours and came back, but stayed logged in. She did this for months on end. In a way that's stealing company money. They didn't go after her with the law but that's misconduct.
I was an hourly employee and I made 12.25 an hour but my gross for 9 months gross over 28000. So I did too much overtime. Always accepted OT becusse I was reliable.. if i worked only full time I am sapposed to make only 23500 with a 12 month length.
Im in the state of CA.
Im not trying to go after my company and sue or discipline. I only want to look out for myself in this appeal. How do I appeal thier appeal?
Im not trying to go after my company and sue or discipline. I only want to look out for myself in this appeal. How do I appeal thier appeal?
First things first, when I said timeline, I was talking about your unemplyment.
So what day did you get terminated?
What day did you apply?
Did you have an interview (usually on the phone)?
What was the determination of that interview?
What was the date of that determination?
You received a Notice of Appeal saying your employer is appealing, what was the date of the notice?
On that notice it state the specific items to be covered by that hearing, what are the issues?
Terminated on 9/14
Applied at 9/20
Interview at 9/30
Determination- approved for unemployment on 10/15 reason of unfit for the job.
however I didnt start recieving benefits untill 01/30/2015
Employer appealed june 2nd
Hearing july 2nd
Covered in the hearing is
should employer reserve be charged and 2nd was I in missconduct
wow you're former employer sounds like a major $$$hole for overworking you, not paying for overtime, firing you, AND then even appealing unemployment benefits?..... I have no idea what the laws are surrounding this, but be happy you are out of that terrible situation.
Im also new to this, thank GOD FOR THIS SITE. Im confident that I will hopefully win.
On another note I went 5 months of using my own car for work with no gas reimbursement.
Sueing them for it seem too complicated. If I had more knowledge I probably would.
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Covered in the hearing is
should employer reserve be charged and 2nd was I in missconduct
You need to go view the hearing file.
Jun 2 for an employer appeal should have triggered a "timeliness issue."
You need to raise that issue FIRST thing before the hearing gets too far underway. You want to know, "why did the employer wait from 9/20 until Jun 2 to appeal?"
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